So you moved into a beautiful new luxury homeowners association. Your home is on a quiet street in an established neighborhood. Every evening you sit on your newly purchased adirondack chairs in your shady backyard, sipping on a bottle of wine — while your roommate is lapping his water from an old beat up water […]
California’s Anti-SLAPP Statute: A Potent, Yet Confounding, Weapon
Lawsuits designed to chill the valid exercise of the constitutional right of free speech or the right to petition, denominated as “strategic lawsuits against public participation” (or “SLAPP” suits), have taken on increasing significance over the last several decades. The classic example of a SLAPP suit is one filed by a large business against local […]
7 Risks of Being a Self-Managed Homeowners Association
Many HOA boards think they have it all together and can easily manage the homeowners association on their own. But can they really? While there are various factors involved when it comes to whether or not a homeowners association can successfully be self-managed – such as how involved the board members are, the size of […]
AB 534 Signed: Associations to Provide Notice to Members of Lien Claims (CA)
Vendor professionals frequently provide a variety of services on behalf of community associations and individual homeowners. Under California’s Constitution, unpaid vendors possess a legal right to lien the property upon which they work for the value of their rendered services or furnished material. Read the article……………..
Court Concludes Rental Restrictions are Reasonable (CA)
Recently, many residential common interest developments have experienced an influx in the number of short-term rentals within their community. This problem is exacerbated by the increased popularity of websites such as Airbnb and HomeAway. Although profitable, short-term rentals have a significant negative impact on community associations, such as increased damage to common area and violations […]
The Future of Fair Housing in Community Associations (CA)
The California Department of Fair Employment and Housing (DFEH) Fair Employment and Housing Council (Council) has been engaged in a historic rulemaking process to draft and promulgate Housing Regulations for the first time. To date, the Council has been working on Housing Regulations on various types of discrimination, harassment, retaliation and disabilities, including assistance animals. […]
Killer Weed in the Common Area? (CA)
Community Associations increasingly face issues with medical marijuana. It is a confusing area because federal and state laws conflict and social mores are in constant flux—especially when it comes to marijuana. Long gone are the days when the high school health teacher could show “Reefer Madness” and his students would accept that marijuana use leads […]
What to Do When an HOA Board Member is Breaking the Rules
The ultimate goal in a homeowners association is for everyone to be respectful and live together peacefully. However, it’s hard to accomplish both of these goals when you have members breaking the rules – especially if it’s a board member. It’s the responsibility of an HOA board to protect, maintain, and enhance the Association through […]
Tips to Prepare Your Association for Summer
Summertime is fast approaching, and so are all the joys of having fun under the Southern California sun. Thanks to the warm weather and clear skies, summer is the perfect season to make major headway on HOA management projects. Make sure you’re prepared to make your summer the most productive possible with these expert tips. […]
Business Judgment Rule Doesn’t Apply When the Board Acts Outside its Authority
Is an HOA Board of Directors (“Board”) entitled to protection under the Business Judgment Rule (“BJR”) when it applies an unambiguous view restriction contained in the governing documents in a manner other than written? Read the article…………….
What Not to Do When You Receive Communications from Your HOA Board
In our busy world of the internet, mobile phones, television, email, social media, and daily conversation, we’re on 24-7 information overload. We’re communicating non-stop all day, and when we finally reach the comfort of our home we just want to catch our breath. However, communication is what we were made for, and it keeps us […]
HOA Fee Award Reversed Because HOA Elections Win Did Not Qualify For Award Under Frivolous Fee-Shifting Standard
Thompson v. Lakewood Hills Homeowners’ Assn., Case Nos. A144674/A146081 (1st Dist., Div. 5 May 19, 2017) (unpublished) highlights how the basis for fee entitlement can drive the result in a case. In a word, HOA was awarded fees/costs by the trial judge after HOA prevailed in an HOA election dispute with homeowner. Read the […]
The Role of the Property Manager in Your Community
Your community manager plays an important role in the effective running of your homeowner’s association. A strong working relationship between board, homeowners and property manager makes it easier for you to get the most out of your HOA. Conversely, a strained managerial relationship can cause frustration all around. Your community manager acts as an agent […]
4 Things to Expect From Your Property Manager
Much of a property management company’s success with your HOA is influenced by the relationship between the manager and your board of directors. We often hear from prospective clients who want to know if the service they are receiving from their current property management company is standard practice or if they can expect more from […]
HOA Homefront: Recipe for reasonable rules
One important board responsibility is to adopt and enforce community rules. Developers, when creating common interest communities, provide CC&Rs and bylaws (usually boilerplate), but typically do not create rules. So, it is up to the volunteer boards to create necessary and reasonable rules for their communities. Read the article…………….
Does Your HOA Board Have a Policy for Home Security Systems?
We know you want to feel safe at home and you should. Maybe you have tried trimming foliage, increasing exterior lighting and are considering installing a home security system to feel more secure. Before you invest in a high-tech home security system, there are a few things to consider. Personal safety and privacy are two […]
Anti-SLAPP and HOA Disputes
Colyear v. Rolling Hills Community Association of Rancho Palos Verdes (2017) 9 Cal.App.5th 119 is a recent example of an anti-“SLAPP” motion being a very powerful defense weapon in HOA litigation. The term “SLAPP” means “Strategic Lawsuits Against Public Participation.” SLAPP lawsuits are considered to be “generally meritless suits brought primarily to chill the exercise […]
The Risks of Delegating Infrastructure Maintenance to Community Associations
Common-interest community associations, including home owner associations (HOAs), condominium associations, and housing cooperatives, play a critical role in the maintenance of local infrastructure. Over the past few decades, a growing number of cities and counties have delegated the responsibility for long-term maintenance of common infrastructure associated with new residential development to community associations. This often […]
How to Evaluate and Update Your Rules & Regulations
Your community’s governing documents provide a framework for your HOA’s structure, operations, and standards. We have covered the distinctions between the different types of governing document in a previous post, but here is a quick summary: Read the article………….
How an HOA Board Can Still Govern When the Board President Passes Away
Finding members in your homeowners association who want to volunteer on the HOA board can be hard – finding a member to step up and become the board president is even harder. So, what do you do when the current president passes away, you don’t have a lot people in your community involved with the […]
Guidelines for HOA Rules in Your Community
Homeowners associations have a number of rules and regulations that members are asked to observe so that everyone in the association can maintain their property values and quality of life. The association should always try to be reasonable with its rules by following the guidelines below. Read the article…………..
Mastering California’s Anti-SLAPP Law
Since California’s anti-SLAPP statute is the oldest, it’s also one of the most widely used, showing up in everything from unlawful detainer actions to homeowner association disputes, with a wide range of caselaw creating an intricate web of governing authority. Read the article…………..
HOA Homefront: When laws collide: Child safety or discrimination?
Common interest development associations (aka “HOAs”) are governed by both state and federal Fair Housing laws. Fair Housing laws prohibit “familial status” discrimination, which means singling out children for any disparate treatment. (This prohibition exempts senior communities, which are exempted under Civil Code 51.2.) A complete ban on children would be a classic example of […]
Governor Brown Declares the End of the Drought
On April 7, 2017, Governor Brown signed Executive Order B-40-17, ending the drought state of emergency in most of California. Drought restrictions will remain in effect in Fresno, Kings, Tulare, and Tuolomne counties, which continue to face drinking water shortages and diminished groundwater supplies. The new Executive Order rescinds the emergency proclamations from January and […]
A Step-by-Step Approach to Amending and Restating Governing Documents (CA)
It seems as though the laws change as frequently as the tides. Some years see more legal changes than others – changes that greatly affect the way boards manage the association’s affairs. The laws governing community associations have experienced so much change within the past three to four years alone that it may make your […]
When Can Employer be Liable for Employee Drinking and Driving?
In some cases, employers in California may be liable when their employees are intoxicated and cause accidents. Plaintiffs may be able to sue the employers under a legal doctrine called vicarious liability. Employers may also be liable if they negligently retain or hire an employee who then injures others while drinking and driving. In a […]
End of the Drought: Law Changes Your HOA Board Needs to Know About (CA)
The California drought has officially been acknowledged as coming to an end. While this is great news for the residents of California, it’s not back to the normal day-to-day management of homeowners association just yet. Desperate times called for desperate measures, which meant enforcing some strict water conservation efforts that trickled down to HOA communities […]
3 Common Questions About an HOA Board of Directors
The Board of Directions of an Association is responsible for protecting, maintaining and enhancing the community. Knowing who the members of the Board are and having a basic understanding of what they do is a good way for all members of the Association to stay informed. Read the article…………….
Access to HOA Membership List Must be for a Proper Purpose (CA)
As part of the ongoing management of a homeowners association (“HOA”), the HOA is obligated to prepare and maintain certain “association records,” most of which must be made available for inspection by the HOA’s members. However, the right to inspect and copy certain association records is not absolute, as some records may be withheld from […]
Ninth Circuit: Excess Insurers Must Tread Carefully When Rejecting Demands Exceeding Primary Limits
Under California law, a liability insurer has a good faith duty to reasonably settle claims within its policy limits. In Diamond Heights Homeowners Association v. National American Insurance Co., the California Court of Appeal held that where a proposed settlement demand exceeds a defending primary insurer’s limits and has been approved by the insured and […]
What is a Quorum and Why is it Important to an HOA Board?
A quorum is the minimum number of HOA board and members who must be at a meeting before business can be transacted. Homeowners can usually find quorum requirements within their Bylaws. You might be surprised but reaching a quorum to run a meeting is actually a common problem in many homeowners associations. Read […]
Pre-Lien Demands and FDCPA Concerns (CA)
Recovering delinquent assessment debt is one of the more complicated issues that homeowners associations (“HOAs”) face. Fortunately, the Civil Code grants HOAs with significant remedies to recover delinquent assessment debt, including the ability to record assessment liens and to ultimately enforce those liens through foreclosure. However, HOA Boards, managing agents and collection professionals understand that […]
Ninth Circuit: Excess Insurers Must Tread Carefully When Rejecting Demands Exceeding Primary Limits (CA)
Under California law, a liability insurer has a good faith duty to reasonably settle claims within its policy limits. In Diamond Heights Homeowners Association v. National American Insurance Co., the California Court of Appeal held that where a proposed settlement demand exceeds a defending primary insurer’s limits and has been approved by the insured and […]
The Role of the Covenants Enforcement Officers in a Homeowners Association
The staff or volunteers you see occasionally walking around the community with clipboards or tablets are the homeowners association’s covenants enforcement officers. They’re inspecting the property to ensure that everything is working properly, that conditions are safe, and that nothing is reducing property values or the quality of life in your community. Read the […]
HOA Losing Tree Trimming CC&R Properly Hit With $200,000 In Fees And $20,621.15 In Costs
We have explained that HOA – homeowner disputes can be costly. Especially where one party prevails, in this case the homeowner. In Lingenbrink v. Del Rayo Estates Homeowners Assn., Case No. D070966 (4th Dist., Div. 1 Mar. 22, 2017) (unpublished), homeowner successfully enforced a CC&R requiring one property owner’s trees and other vegetation from interfering […]
How Homeowners Associations Are Referred to Around the World
Common-interest communities are becoming a popular way of living. They are housing developments made up of individually owned units and share facilities or common areas (such as roads, clubhouse, pool, etc.). “Community association” is a generic term that encompasses many names used around the world to describe common-interest housing. A few examples include: Read […]
Tips to Stay Safe When Lightning Strikes Your Homeowners Association
Winter and Spring weather usually means staying in and snuggling by the fire, but it can also bring severe weather. Threatening thunderstorms often loom large in Northern California so it’s important to be prepared for downpours and accompanying lightning, which can strike at any time. Consider the following suggestions when planning get-together’s in your homeowners […]
HOA Homefront: Exclusive use common areas – what you might not know
Many condominium buyers do not understand what they bought until long after becoming an owner. Condominiums consist of two elements: A separate interest, called the unit, and an undivided equal share in everything else, called common area. However, there are usually also hybrid areas, called “exclusive use common areas,” devoted to the exclusive use or […]
What NOT to Do When Collecting HOA Fees
If just a few homeowners aren’t paying their HOA fees it can be felt very quickly in an association’s budget. It can also cause a ripple effect. If too many homeowners fail to pay their HOA fees, lenders might start to be unwilling to finance mortgages in the association. This could lead to a decrease […]
Economic Damages and the Right to Repair Act: You Can’t Have it Both Ways (CA)
In 2002, the California State Legislature passed Senate Bill 800 also known as the Right to Repair Act (Civil Code Sections 895 et seq.) in an effort to stem a then rising tide in residential construction defect litigation. SB 800, which applies to newly constructed residential units including single-family homes and condominiums (but not condominium […]
Attorney’s Fees In Homeowners Association Disputes (CA)
Civil Code Section 5975(c) states: “In an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney’s fees and costs.” There are a few things to note about this statute. First, this only applies to an action to “enforce the governing documents.” If this is not an action to “enforce the […]
Does The SLAPP Statute Apply To Homeowners Associations? (CA)
(Strategic Lawsuit Against Public Participation) statute is Code of Civil Procedure Section 425.16. When the SLAPP statute was first enacted in 1992, twenty four years ago, some people, believed that it would not apply to homeowners associations because the SLAPP statute deals with freedom of speech which generally protects against governmental action and not private […]
What the HOA Board Should Know About Making Association Rules
When thinking of rules within a California Homeowners Association, what comes to mind are the few but chronic rule breakers that somehow find their way into some associations, and how nice it might be to have a spell to bring about compliance in the HOA community. Read the article…………..
Plaintiffs in $4.7 million construction defect case mum after ruling
Plaintiffs in a major construction lawsuit that ended with a San Diego law firm recovering nearly $5 million have decided to stay silent after the ruling was in their favor. The law firm, which represented Laurel Bay Community Association, won $4.7 million in the case that was filed Aug. 21, 2013, against the developer and […]
When Should You Update Your HOA Governing Documents?
Many governing documents are established immediately after the community’s developer completes construction. Therefore, these documents follow a standard set of guidelines that are intended to protect the community–even though the houses are still empty. As the neighborhood or condo complex fills up with residents, a true community emerges and the governing documents may eventually need […]
When your homeowner association needs intensive care
Q. Long story short, the members have all been reluctant to get involved on our board for many years. They are all fine with someone else doing it. Our vice president resigned and then appointed herself “manager.” She paid herself each month as vice president, and upon becoming manager, she gave herself a raise. The […]
The Accidental Employee
Many homeowner associations employ hired help to perform various functions for the association (e.g., management, maintenance, landscaping, bookkeeping, etc.). Associations may also need outside expertise when undertaking special projects or construction work. This help may take the form “contractors” or “consultants” to perform work for the association on a short term or as needed basis. […]
Construction Defect – Application of the Right to Repair Statute to Material Suppliers (CA)
Civil Code § 8951 et seq. (the “Act”) establishes a set of building standards pertaining to new residential construction and provides homeowners with a cause of action against, among others, material suppliers, for a violation of the standards(§§ 896, 936). Here, the Fourth District Court of Appeals was asked to decide whether the Act requires […]
Can HOA Fees Be Claimed on Your Taxes?
Tax season is here and we all want to deduct every last penny we can find. If you’re a member of a homeowners association, have you ever considered whether or not the HOA fees you pay are tax deductible? Every HOA is different, so you’ll want to find out what applies to your specific Association. […]
Responding to an Accommodation Request? What’s your Policy?
Responding to an accommodation request does not have to be scary. Adopting a policy for an association to follow goes a long way to successfully addressing accommodation requests properly. But there are several stages where boards and managers can get tripped up in the process. Read the article……………………..